European Commission finds shortcomings in the implementation of the Passenger Name Record Directive

Only two EU Member States have not yet implemented the EU PNR Directive, and almost all of them also use it for flights within the European Union. There are problems with data protection and data quality. Regardless of the lawsuits before the European Court of Justice, the EU Commission is working on an extension.

Four years ago, the European Union adopted the „EU Passenger Name Record (PNR) Directive“. In order to prevent, detect, investigate and prosecute terrorist offences and serious crime, the 26 EU member states participating in the directive are to set up a Passenger Information Unit (PIU), which will receive extensive data records on passengers from the airlines when they book and board flights. The European Commission has now submitted a report on the implementation of the measures, as required. „European Commission finds shortcomings in the implementation of the Passenger Name Record Directive“ weiterlesen

EU Presidency: German government wants to use passenger data to track corona infections

In an EU-wide survey, the German Interior Ministry is examining how passenger data could be processed in the fight against the Covid 19 pandemic. This would require a change in the PNR directive. Possibly this would also affect bus and train travel.

On 1 July, Germany took over the EU Council Presidency in rotation. As one of the first initiatives in the area of Justice and Home Affairs, the German Ministry of the Interior is proposing to use passenger name records (PNR) collected from airlines to track Covid-19 infections. To this end, the government has sent a questionnaire to all other EU member states.

PNR data includes all information that travellers leave behind when booking and checking in with an airline, including names and contact details, credit card numbers, IP and e-mail addresses, hotels booked, fellow travellers and food preferences. This information is transmitted twice by the airlines to the relevant authorities in the destination country: when booking and when boarding the aircraft. „EU Presidency: German government wants to use passenger data to track corona infections“ weiterlesen

Frontex aircraft: Below the radar against international law

For three years, Frontex has been chartering small aircraft for the surveillance of the EU’s external borders. First Italy was thus supported, then Croatia followed. Frontex keeps the planes details secret, and the companies also switch off the transponders for position display during operations.

The European Commission does not want to make public which private surveillance planes Frontex uses in the Mediterranean. In the non-public answer to a parliamentary question, the EU border agency writes that the information on the aircraft is „commercially confidential“ as it contains „personal data and sensitive operational information“.

Frontex offers EU member states the option of monitoring their external borders using aircraft. For this „Frontex Aerial Surveillance Service“ (FASS), Frontex charters twin-engined airplanes from European companies. Italy first made use of the service in 2017, followed a year later by Croatia. In 2018, Frontex carried out at least 1,800 flight hours under the FASS, no figures are yet available for 2019. „Frontex aircraft: Below the radar against international law“ weiterlesen

Does Frontex arrange illegal push backs?

The EU Border Agency’s air surveillance could have triggered unlawful deportations at external borders. Such operations took place off Libya and Bosnia-Herzegovina.

For two years now, the Frontex Border Agency has been offering EU Member States the possibility of airborne monitoring of their external borders. The flights of this „Multipurpose Aerial Surveillance“ (MAS) are part of the surveillance system EUROSUR, with which Frontex monitors all external borders of the European Union and its „pre-frontier area“. EUROSUR provides so called Fusion Services, including satellite reconnaissance and drone flights.

Frontex installed the manned air surveillance service in the summer of 2017. The agency therefore commissioned a charter company in an operating agreement to fly a twin-engine aircraft of the type „Diamond DA-42“ . Their recorded video data will be transmitted in real time to the Frontex headquarters in Warsaw. Several national EUROSUR contact points, including in Spain, Portugal and Italy, can also receive the live images. „Does Frontex arrange illegal push backs?“ weiterlesen

EU surveillance state

The EU is increasing the surveillance in its Member States. US authorities could soon also wiretap legally in Europe

The new European Parliament is to be constituted in September, after which the EU Commission will be re-elected. The governments of the member states use this phase to put far-reaching surveillance measures on track. This week the Justice and Home Affairs Ministers debated this on their Council meeting in Luxembourg.

Data retention is right at the top of the agenda. EU-wide, Internet and telephone providers are to be forced to store data on customers and their communications for years. If necessary, these could later be queried by police authorities or secret services. Although the European Union adopted a corresponding directive in 2006, it was declared invalid ten years later by the European Court of Justice (ECJ). As a result, many member states issued national regulations that differ in the depth of intervention or storage period. „EU surveillance state“ weiterlesen

EU Data Retention Directive: For a limited time period, but with option to be extended?

As the preventive retention of telecommunication data is illegal throughout the EU, the retention of data from individual countries or regions might be an option. This is discussed by the EU member states, documents from the Council and the German Federal Government reveal. A “renewable arrest warrant” could be created for this purpose.

The EU member states are currently discussing a possible new version of the Data Retention Directive. The Bulgarian Presidency of the Council has proposed the adoption of “renewable retention warrants” in the responsible Council Working Party on Information Exchange and Data Protection. The Estonian Presidency had already touched on this issue in the second half of 2017, albeit offering scant detail at the time. According to the German Federal Ministry of Justice, these “still very preliminary considerations” are also being examined by the German Government. „EU Data Retention Directive: For a limited time period, but with option to be extended?“ weiterlesen